The family is the cell of society and an important basis for national development, national progress and social harmony. On the occasion of the International Day of Families, the Jinshan Court held a press conference and released the "2021-2023 White Paper on the Trial of Family Cases of the Shanghai Jinshan District People's Court", which analyzed and sorted out a variety of family cases, including "bringing a baby in accordance with the law", summarized the adjudication ideas, and put forward countermeasures and suggestions.
According to the white paper, from January 1, 2021 to December 31, 2023, the Jinshan People's Court accepted a total of 2,212 family cases, with a settlement ratio of 100.37%, 101.19%, and 99.38% respectively, and the overall operation situation is good.
From the perspective of the cause of action, divorce disputes are the "main force" in family cases, accounting for 63%, followed by inheritance disputes accounting for 20.8%, family separation and property separation accounting for 8.3%, and post-divorce property disputes accounting for 5.7%.
With the economic and social development and the changes in the main social contradictions, the personality and privacy of family disputes, as well as the diversification of the form and scope of family property, have led to the emergence of a large number of new types of cases. For example, "fake marriage" and "fake divorce" give rise to disputes.
Case 1
Because Wang Moumou did not have a Shanghai hukou and did not meet the qualifications to buy a house, he met Tang through a friend's introduction in November 2020, and the two parties registered their marriage that month. After the marriage was registered, there was no communication between the two parties and they never lived together. In May 2021, Wang Moumou and Tang Moumou purchased House A, and Wang Moumou paid all the down payments and applied for a loan. In December of the same year, house A was registered under the names of Wang and Tang and jointly owned. Afterwards, Wang paid Tang 50,000 yuan. Because Tang did not agree to go through the divorce registration, Wang sued the court and asked for a divorce.
After trial, the court held that marriage should be based on feelings, and that Wang and Tang had no emotional foundation, had never lived together, did not exercise the rights and obligations between husband and wife, and had not established a relationship between husband and wife, so it supported Wang's application for divorce. Regarding house A, according to the value of the house, combined with the capital contribution, the size of the contribution and the actual situation of the case, and in accordance with the principle of taking care of the woman's rights and interests, it was determined that the house belonged to Wang XX, and the remaining loan was repaid by Wang XX, and Wang XX paid Tang XX a discount of 100,000 yuan for the house.
Case 2
In 2014, Zuo Moumou (male) and Song Moumou (female), who were also migrant workers in Shanghai, met at work, gave birth to their eldest son Xiaoxiang in 2015, registered their marriage in 2017, and gave birth to their second son Xiaorui in December of the same year.
In the early days of marriage, Zuo Moumou and Song Moumou had a good relationship, but from 2020, the two had conflicts because of trivial matters in life and began to separate. After that, Zuo Moumou took his two sons away and handed them over to his mother to take care of.
In 2022, Zuo Moumou sued the court for divorce on the grounds that the relationship between the husband and wife had broken down, and Song Moumou agreed to the divorce, but both parties asked their second son Xiaorui to live with each other.
After the trial, the court held that both parents have the obligation to support and care for their minor children. Although Zuo Moumou and Song Moumou reached an agreement on the dissolution of the marriage, both parties did not claim the custody of their second son Xiaorui for various reasons. From the perspective of protecting the legitimate rights and interests of minors, the court rejected Zuo's request for divorce.
At the same time, in order to help Zuo and Song face up to the problem of child support and improve the incorrect concept of family education, the court issued a family education guidance order to the two and invited professional social workers to participate in the family education guidance for the two.
Family is the first school of life, and good family education is essential for the healthy growth of minors. After the official implementation of the "Family Education Promotion Law", family education has been elevated from a "family matter" to a "state affair", and Chinese parents have also entered a new era of "bringing up children in accordance with the law". The Jinshan People's Court has also given full play to its judicial adjudication function, integrating the relevant provisions of the Law on the Protection of Minors and the Law on the Promotion of Family Education into the trial, urging and helping parents to fulfill their responsibilities as parents.
In response to high-frequency disputes, the court gives preventive suggestions
With regard to the frequently occurring disputes in divorce, inheritance, and division of property, the Jinshan People's Court has made the following preventive suggestions in light of judicial practice.
(1) When the husband and wife divorce by agreement, the scope of the divided property shall be clarified as far as possible and performed as soon as possible
If the husband and wife really need to divorce due to the breakdown of their relationship, they should pay attention to clearly stipulating the scope, quantity, and delivery time of the divided property when they divorce by agreement, and after the divorce, they should promptly change the registration of the house property rights and complete the actual delivery of the movable property.
(2) When making a will to dispose of one's own property, it is necessary to strictly comply with the provisions of the law to ensure that the form and content of the will comply with the provisions of the law
A natural person can dispose of his or her property in the form of a will, but this does not mean that the testator can make a will as he wishes. A will must have both the formal and substantive elements prescribed by law in order to be legally effective.
(3) When parents make a large contribution to their children or donate real estate to their children, it is advisable to take precautions against risks and leave room for life in their later years
When parents make a large contribution to their children, it is advisable for the parents, children and spouse to jointly discuss and clarify whether the nature of the contribution is a loan or a gift to one of the children or both husband and wife. Even if the parents are unable to sign a formal loan contract due to circumstances, they should clarify the nature of the money through WeChat, text messages, transfer notes, etc., so as to avoid unnecessary litigation risks in the event of disputes.
(4) When there is an agreement between relatives on the disposition of the inheritance, the division of the family and property, the bequest and maintenance agreement, etc., it is appropriate to sign a written agreement, focusing on the preservation of evidence
When dividing an estate or joint family property between relatives, it is best to fix it in the form of a written agreement, so as to avoid regret or no corresponding basis in the future. At the same time, the agreement should clearly stipulate the scope of the divided property, the method of performance, the standard of discount, the ancillary obligations and other issues.
In the future, the Jinshan Court will continue to explore ways to improve the multiple resolution mechanism for family disputes, strengthen the family trial support team, and guide and strengthen the construction of the people's courtroom, so as to further promote the high-quality development of family trial work and provide a strong judicial guarantee for family harmony and social harmony.
Reporter | Zhu Lin, Feng Qiuping
Correspondents | Lu Yebo
Edit | Weng Yu
Editor-in-charge | Pantene He Xiaoyan